Special reports

Japanese Mothers Must Be Granted Child Custody

Japan joins The Hague Convention

Children can be returned to their original homeland.

According to The Hague Convention 1980, a child taken abroad from the parent who has sole custody by another parent must be returned to the parent who has sole custody in the country where the child resides.

This Treaty conflicts with Japanese culture of mothers caring for their children, due to sole custody is almost always granted to the mother. Thus when a mother returns to Japan, so does the child.

Japan and Russia were the only countries that were not members of the Hague Convention until January 24, 2014 when the Japanese Diet approved the participation and signed the treaty, which will be in effect from April 1, 2014.

Also, from April 1, 2014 Osaka and Tokyo courts will listen to cases of children kidnapped by a parent and can decide to return the child to country of residence. We can file and argue the case for you.

Most United States courts grant the father child custody in a divorce case involving an American husband and a Japanese wife. However,as many Japanese mothers cannot accept this decision, they often return to Japan permanently...